Domestic Violence Defense Lawyer in Orlando, Central Florida
Are you looking for a domestic violence defense attorney in Orlando? If so, NeJame Law can help! The general public is now more conscious about domestic violence and the State of Florida along with Florida law, is very serious about arresting and prosecuting individuals accused of domestic violence.
When the police receive a report of domestic violence they will almost always make an arrest even if the complaining party expresses a desire not to press charges. Once the arrest is made, it is up to the State of Florida, through the Office of the State Attorney, to make a decision as to whether to bring formal charges or dismiss the case. The desire of the complainant is typically important but not necessarily controlling as to whether the case will proceed. In fact, in Florida, some convictions have even been upheld when the "victim" or complainant failed to appear in court to testify against the defendant, but the State was able to prove its case by other means.
What is Domestic Violence?
Florida law classifies various criminal offenses under the general category of domestic violence, including:
- Domestic battery and aggravated battery
- Domestic assault and aggravated assault
- Kidnapping and false imprisonment
- Elderly Abuse
- Harassment, stalking, and aggravated stalking
- Restraining order and no-contact order violations
- Any criminal offense resulting in physical injury or death of one family or household member by another family or household member
- Sexual battery, rape, and other sex offenses
Domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Based on its definition, domestic violence is not just recurring violent behavior against a family member, such as a spouse or parent. Even an isolated event of grabbing, pushing or any other type of battery between a couple - married or not – siblings, or a parent and child can be considered domestic violence.
Domestic Violence in Florida - Penalties and Defense
Domestic violence penalties can be severe and devastating. Being found guilty of domestic violence carries serious legal consequences and may have a ripple effect on other issues such as child custody disputes, injunctions, pending divorces and even on your social and professional life.
The penalties you could face if found guilty of domestic violence are jail time, restrictive probation or community control, participation in Batterers Intervention Programs and revocation of your concealed weapons permit. Also, you will not be allowed to seal or expunge that arrest even if the judge withholds adjudication. Worthy of note, is that if you are not an American citizen and are convicted of domestic violence, it can and is used as grounds for a deportation or removal proceeding by Immigration and Customs Enforcement (ICE), to have the defendant expelled from the United States.
Oftentimes, the alleged victim also files a civil petition seeking an injunction. This is a separate civil proceeding in which the complainant seeks to have a restraining order entered against the accused regarding contact, communication or other matters. There can be serious legal ramifications against someone if a restraining order is entered against them. In addition, it is important to realize that Fifth Amendment privileges against self incrimination do not apply to these proceedings and a defendant who testifies in such a civil proceeding can have their testimony used against them in another criminal proceeding. Therefore, it is important that your domestic violence attorney knows how to handle, strategize and defend both types of cases.
Defenses for a domestic violence charge can be challenging. Each domestic violence lawyer at NeJame Law in Orlando, Central Florida has experience defending and assisting individuals against domestic violence charges.
Contact our Domestic Violence Attorneys in Orlando
If you are arrested for domestic violence in Orlando, Winter Park, Kissimmee, Windermere or anywhere in Central Florida, there is always an experienced, knowledgeable and appropriately aggressive Orlando domestic violence lawyer at NeJame Law available to assist and defend you.